1. Acceptance of Terms

By accessing www.brandfx.design or purchasing any subscription or one-off service from Brandfx Studio & Design (“Brandfx,” “we,” “us”), you (“Client,” “you”) agree to be bound by these Terms & Conditions and our Service Policy.

2. Governing Law & Jurisdiction

Brandfx is a business registered in Quebec, Canada. These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada. Any disputes shall be resolved exclusively in the courts of Montreal, Quebec, regardless of your physical location (Thailand, Japan, USA, etc.).

3. Payments, Taxes & Currency

• Currency: All prices are listed in USD unless otherwise stated.

• Taxes: Canadian clients are subject to applicable GST/HST/QST based on their province. International clients are responsible for any local taxes or import duties in their own jurisdiction.

• Failed Payments: If a subscription payment fails, Brandfx reserves the right to suspend all production and access to the Asset Bank until the account is brought current.

3.1 Promotional Pricing and Price Changes

• Brandfx may offer limited-time promotional pricing (“Founding Client Rates”) for early adopters. These rates are subject to change and will revert to standard pricing after the promotional period or upon reaching client capacity.

• All payments are processed in USD. Depending on your payment method and bank, currency conversion fees may apply. Brandfx is not responsible for any such fees.

4. Intellectual Property & AI Ethics

• Brandfx Property: All custom prompts, AI workflows, "Character Seeds," and proprietary "Asset Bank" structures developed by Brandfx remain the exclusive intellectual property of Brandfx.

• Client License: Upon full payment, you receive a non-exclusive, perpetual, worldwide license to use the final video/image deliverables for marketing. You may not resell the raw AI assets or prompts provided during the process.

• AI Disclosure: You acknowledge that Brandfx uses generative AI. You are responsible for ensuring that the use of these "artistic interpretations" complies with your local Real Estate Board’s advertising standards.

​

4.2 AI Model Licensing & Third-Party Tools
 

Brandfx utilizes professional third-party AI platforms, including but not limited to Freepik and Midjourney, to generate creative assets.

​

• Third-Party Terms: All deliverables are subject to the Terms of Use of these platforms. Brandfx warrants that it maintains the necessary commercial licenses to produce and deliver these assets to the Client.

• Model Ownership: The Client acknowledges that they do not own the underlying AI models, "seeds," or base algorithms used to create the deliverables.

• Usage Restrictions: The Client is granted a license for the final output (the video/image). The Client may not use the deliverables in any way that violates the "Prohibited Uses" of our AI providers (e.g., using AI-generated faces for defamatory or illegal purposes).

5. Client Responsibilities

You must provide high-quality source assets (photos/branding). Brandfx is not responsible for delays caused by missing client information. You represent that you own or have the rights to all assets (logos, photos) you provide to us.

​

5.2 Voice Synthesis & Audio

 

Brandfx utilizes advanced AI voice synthesis (e.g., ElevenLabs) to provide professional narration. The Client acknowledges that these are synthetic voices and not live voice actors. Brandfx reserves the right to refuse any script that contains hate speech, defamatory content, or impersonation of a specific real-world individual without their express written consent.

6. Termination, Commitments & "Kill Fee"

• Month-to-Month Plans: For Cinematic Teaser and Full Story tiers, cancellation must be submitted via your account dashboard or in writing at least 7 days prior to the next billing date.

• Subscription fees are billed monthly in advance. Cancellation requests must be submitted at least 7 days prior to the next billing cycle to avoid further charges.

• Agency Partner Initial Term: The Agency Partner plan requires a minimum initial commitment of three (3) months. By subscribing, the Client agrees to three (3) consecutive monthly billing cycles.

• Agency Partner Renewal: Following the completion of the initial 3-month term, the Agency Partner plan will automatically renew on a month-to-month basis unless cancelled by the Client at least 7 days prior to the next billing date.

• Early Termination Fee: If the Client terminates the Agency Partner plan before the initial 3-month term is complete, a cancellation fee equal to one (1) full month of service will be charged immediately.

• Kill Fee: For one-off projects, if a project is cancelled by the Client after work has begun, a "Kill Fee" of 50% of the total project value (plus the non-refundable Onboarding Fee) applies.

• Setup and onboarding fees are one-time, non-refundable charges required to initiate production and access to Brandfx services.

7. Disclaimer of Warranties & Liability

• "As Is" Basis: Services are provided "as is." We do not guarantee that AI-generated content will be 100% identical to physical reality.

• No Guarantee of Results: We do not guarantee leads, sales, or "viral" status.

• Limitation: In no event shall Brandfx’s liability exceed the total amount paid by the Client in the one (1) month preceding the claim.

8. Indemnification

You agree to indemnify and hold Brandfx harmless from any claims, damages, or legal fees arising from your use of the deliverables or any breach of these Terms.

9. Modifications

We reserve the right to update these Terms at any time. Continued use of our services after an update constitutes acceptance of the new Terms.

​